[Federal Register Volume 75, Number 83 (Friday, April 30, 2010)]
[Notices]
[Pages 22846-22847]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-10109]


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DEPARTMENT OF LABOR

Mine Safety and Health Administration


Petition for Modification

AGENCY: Mine Safety and Health Administration (MSHA), Labor.

ACTION: Notice of petition for modification of existing mandatory 
safety standard.

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SUMMARY: Section 101(c) of the Federal Mine Safety and Health Act of 
1977 and 30 CFR part 44 govern the application, processing, and 
disposition of petitions for modification. This notice is a summary of 
a petition for modification filed by the party listed below to modify 
the application of existing mandatory safety standard published in 
Title 30 of the Code of Federal Regulations.

DATES: All comments on the petition must be received by the Office of 
Standards, Regulations and Variances on or before June 1, 2010.

ADDRESSES: You may submit your comments, identified by ``docket 
number'' on the subject line, by any of the following methods:
    1. Electronic Mail: <a href="/cdn-cgi/l/email-protection#451631242b2124372136681520312c312c2a2b3605212a296b222a33"><span class="__cf_email__" data-cfemail="b2e1c6d3dcd6d3c0d6c19fe2d7c6dbc6dbdddcc1f2d6ddde9cd5ddc4">[email protected]</span></a>.
    2. Facsimile: 1-202-693-9441.
    3. Regular Mail: MSHA, Office of Standards, Regulations and 
Variances, 1100 Wilson Boulevard, Room 2350, Arlington, Virginia 22209-
3939, Attention: Patricia W. Silvey, Director, Office of Standards, 
Regulations and Variances.
    4. Hand-Delivery or Courier: MSHA, Office of Standards, Regulations 
and Variances, 1100 Wilson Boulevard, Room 2350, Arlington, Virginia 
22209-3939, Attention: Patricia W. Silvey, Director, Office of 
Standards, Regulations and Variances.
    MSHA will consider only comments postmarked by the U.S. Postal 
Service or proof of delivery from another delivery service such as UPS 
or Federal Express on or before the deadline for comments. Individuals 
who submit comments by hand-delivery are required to check in at the 
receptionist desk on the 21st floor.
    Individuals may inspect a copy of the petition and comments during 
normal business hours at the address listed above.

FOR FURTHER INFORMATION CONTACT: Barbara Barron, Office of Standards, 
Regulations and Variances at 202-693-9447 (Voice), 
<a href="/cdn-cgi/l/email-protection#0d6f6c7f7f6263236f6c7f6f6c7f6c4d696261236a627b"><span class="__cf_email__" data-cfemail="2d4f4c5f5f4243034f4c5f4f4c5f4c6d494241034a425b">[email protected]</span></a> (E-mail), or 202-693-9441 (Telefax). [These are 
not toll-free numbers].

SUPPLEMENTARY INFORMATION:

 I. Background

    Section 101(c) of the Federal Mine Safety and Health Act of 1977 
(Mine Act) allows the mine operator or representative of miners to file 
a petition to modify the application of any mandatory safety standard 
to a coal or other mine if the Secretary determines that: (1) An 
alternative method of achieving the result of such standard exists 
which will at all times guarantee no less than the same measure of

[[Page 22847]]

protection afforded the miners of such mine by such standard; or (2) 
that the application of such standard to such mine will result in a 
diminution of safety to the miners in such mine. In addition, the 
regulations at 30 CFR 44.10 and 44.11 establish the requirements and 
procedures for filing petitions for modification.

II. Petition for Modification

    Docket No: M-2010-017-C.
    Petitioner: Brooks Run Mining Company, LLC, 208 Business Street, 
Beckley, West Virginia 25801.
    Mine: Horse Creek No. 1 Mine, MSHA I.D. No. 46-09348, located in 
McDowell County, West Virginia.
    Regulation Affected: 30 CFR 75.1101-1(b) (Deluge-type water spray 
systems).
    Modification Request: The petitioner proposes as an alternative 
method that in lieu of providing nozzles for blow-off dust covers, 
weekly inspection and functional testing of the complete deluge-type 
water spray system will be continued and blow-off dust covers will be 
removed from the nozzles. The petitioner states that: (1) Weekly 
inspection and functional tests are conducted of its complete deluge-
type water spray system; (2) each nozzle is provided with a blow-off 
dust cover; (3) in view of the frequent inspections and functional 
testing of the system, the dust covers are not necessary because the 
nozzles can be maintained in an unclogged condition through weekly use; 
and (4) it is burdensome to recap the large number of covers weekly 
after each inspection and functional test. The petitioner asserts that 
the proposed alternative method will at all times guarantee no less 
than the same measure of protection afforded the miners as the existing 
standard.

Patricia W. Silvey,
Director, Office of Standards, Regulations and Variances.
[FR Doc. 2010-10109 Filed 4-29-10; 8:45 am]
BILLING CODE 4510-43-P


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